Economic migration - Entry Schemes - MRN: Migrant Rights Network

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Economic migration

Entry Schemes

A variety of schemes and programmes establish the framework for migrants seeking to enter the UK in order to work. Under these schemes complex conditions apply regarding the length of stay and the nationality of applicants. Some of these are set to undergo substantial changes in the near future, others have been changed recently. The main entry schemes for labour migrants are outlined below:

Domestic Workers Scheme
Highly Skilled Migrants Programme
Seasonal Agricultural Workers Scheme
Sectors Based Scheme
Worker Registration Scheme

Home Office information on entry schemes

Domestic Workers Scheme

The Domestic Workers Scheme applies to non-EU migrants wishing to enter the UK to work and live in the household of his/her employer. A permission to stay for between six and twelve months can be issued, depending on the residence status of the employer. Workers can apply to stay longer. Changing to another household during the stay in the UK is permitted, but the Home Office has to be informed.Domestic workers could apply for settlement after five years residence.

The government is currently planning to abolish several rights available under this scheme. Proposed changes may affect the length of stay, the right to get extensions to the contract and eligibility to obtain permanent residence in the UK. Recent proposals include a non-renewable entry period of six months.

Home Office information on the Domestic Workers Scheme

Highly Skilled Migrant Programme (HSMP)

The HSMP is an entry scheme that allows highly skilled people to come to the

to look for work or self-employment opportunities. No specific job offer or business plan is needed before entering the

.

This system is set to change under the points-based system - it will become tier one under the new system which continues to allow those eligible the right to enter to seek employment. Currently migrants entering the

under the HSMP are allowed to stay for up to 24 months to seek work or find a self-employment opportunity. Following this an extension of stay can be applied for.

The Parliamentary Joint Committee on Human Rights (JCHR 2007) criticises the retroactive application of Home Office rule changes. Changes initiatied in 2006 have been applied to migrants who relocated to the UK before this on the understaning that they would be able to apply for settlement after four years as long as they were economically active and did not use public funds. The introduction of higher threshold means some migrants who entered under the HSMP will find they are no longer eligible for leave or settlement. The JCHR found this to be a breach of rights to privacy and family life.

Home Office information on the Highly Skilled Migrant Programme (HSMP)
Joint Committee of Human Rights Report (July 2007)

Seasonal Agricultural Workers' Scheme (SAWS)

SAWS is a scheme for migrants to enter for seasonal agricultural work. It is run by nine Home Office approved operators. The scheme is currently in a transitional phase in which students from non-EEA countries remain eligible until the end of 2007. Nationals of Romania and Bulgaria can apply regardless of student status and by 1 January 2008 the scheme will exclusively recruit Romanian and Bulgarian nationals. There is a quota of 16, 250 workers for the scheme and in 2007 40% should come from Romania and Bulgaria

Home Office information on the Seasonal Agricultural Scheme
For contact details of operators (PDF)

Sectors Based Scheme (SBS)

SBS was a workers scheme which allowed UK-based employers in the processing and hospitality business to recruit labour from outside the European Economic Area (EEA). Since 1 January 2007 it applies only to the food industry and is restricted to Romanian and Bulgarian nationals entering for a 12 month maximum period. However, permit holders under the original SBS scheme who are still employed in the UK retain their rights to extension and change of employment applications within the original criteria of the SBS route.

Home Office information on Sectors Based Scheme (SBS)

Worker Registration Scheme (WRS)

Nationals of the several countries that joined the EU on 1 May 2004, the Czech Republic, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia must register under the WRS in order to be employed in the UK. This scheme does not apply to those who are self-employed. For the first 12 months of legal residence these nationals must be able to support themselves financially and have no access to most welfare benefits After 12 months of continuous employment workers under the WRS may have full free movement rights and can access income-related benefits.

Home Office information on the Worker Registration Scheme

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